Second Regular Session H.B. 2107
COMMITTEE ON ELECTIONS
SENATE AMENDMENTS TO H.B. 2107
(Reference to House engrossed bill)
Page 1, between lines 1 and 2, insert:
"Section 1. Section 16-241, Arizona Revised Statutes, is amended to read:
16-241. Presidential preference election; conduct of election
A. A presidential preference election shall be held on the fourth Tuesday in February immediately following March 15 of each year in which the President of the United States is elected to give qualified electors the opportunity to express their preference for the presidential candidate of the political party indicated as their preference by the record of their registration. No other election may appear on the same ballot as the presidential preference election.
B. Notwithstanding subsection A of this section, the governor may issue a proclamation that the presidential preference election is to be held on a date earlier than the fourth Tuesday in February later than the date prescribed in subsection A of this section. The proclamation shall be issued no later than one hundred eighty days before the date of the election as set forth in the proclamation. The governor shall transmit a copy of the election proclamation to the clerks of the county boards of supervisors.
C. Except as otherwise provided in this article, the presidential preference election shall be conducted and canvassed in the same manner as prescribed in this title for the primary election held pursuant to section 16‑201. All provisions of other laws that govern elections and that are not in conflict with this article apply to a presidential preference election, including laws relating to registration and qualifications of electors.
D. Unless otherwise specifically prescribed by this article, the powers and duties conferred by law on boards of supervisors, officers in charge of elections, county recorders, precinct boards and central counting boards in connection with a primary election are conferred on those persons for purposes of a presidential preference election and shall be exercised by them for a presidential preference election.
E. Every act that is an offense pursuant to the election laws of this state is an offense for purposes of a presidential preference election, and a person is subject to the penalties prescribed by those laws.
Sec. 2. Section 16-243, Arizona Revised Statutes, is amended to read:
16-243. National convention delegates; vote for candidates
A. The selection of delegates to the political party national conventions shall be as provided in the bylaws of each state party.
B. At the political party national convention, each delegate to the national convention shall use his best efforts at the convention vote for the party's presidential nominee candidate who received the greatest number of votes in the presidential preference election until the candidate is nominated for the office of president of the United States by the convention, until the candidate releases the delegate from his the delegate's obligation, until a candidate withdraws from the race or until one convention nominating ballot has been taken. After a candidate is nominated, withdraws from the race, delegates are released or one ballot is taken, each delegate is free to vote as he the delegate chooses, and no rule may be adopted by a delegation requiring the delegation to vote as a body or causing the vote of any delegate to go uncounted or unreported."
Page 5, strike lines 21 through 46
Strike page 6, insert:
"Sec. 5. Section 19-112, Arizona Revised Statutes, as amended by Laws 2011, chapter 332, section 24, is amended to read:
19-112. Signatures and verification; attachment; registration of circulators
A. Every qualified elector signing a petition shall do so in the presence of the person who is circulating the petition and who is to execute the affidavit of verification. At the time of signing, the qualified elector shall sign his first and last names in the spaces provided and the elector so signing shall print his first and last names and write, in the appropriate spaces following the signature, the signer's residence address, giving street and number, and if he has no street address, a description of his residence location. The elector so signing shall write, in the appropriate spaces following the elector's address, the date on which the elector signed the petition.
B. The signature sheets shall be attached at all times during circulation to a full and correct copy of the title and text of the measure or constitutional amendment proposed or referred by the petition. The title and text shall be in at least eight point type and shall include both the original and the amended text. The text shall indicate material deleted, if any, by printing the material with a line drawn through the center of the letters of the material and shall indicate material added or new material by printing the letters of the material in capital letters.
C. The person before whom the signatures, names and addresses were written on the signature sheet shall, on the affidavit form pursuant to this section, shall subscribe and swear before a notary public that each of the names on the sheet was signed and the name and address were printed by the elector and the circulator on the date indicated, and that in his belief each signer was a qualified elector of a certain county of the state, or, in the case of a city, town or county measure, of the city, town or county affected by the measure on the date indicated, and that at all times during circulation of the signature sheet a copy of the title and text was attached to the signature sheet. Circulators who are not residents of this state must be registered as circulators with the secretary of state before circulating petitions. The secretary of state shall provide for a method of receiving service of process for those petition circulators who register pursuant to this subsection. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16‑452 a procedure for registering circulators and receiving service of process. All signatures of petitioners on a signature sheet shall be those of qualified electors who are registered to vote in the same county. However, if signatures from more than one county appear on the same signature sheet, only the valid signatures from the same county that are most numerous on the signature sheet shall be counted. Signature and handwriting comparisons may be made.
D. The affidavit shall be in the following form printed on the reverse side of each signature sheet:
Affidavit of Circulator
State of Arizona )
) ss.:
County of ___________)
(Where notarized)
I, ____(print name)____, a person who is not required to be a resident of this state but who is otherwise qualified to register to vote in the county of _______, in the state of Arizona at all times during my circulation of this petition sheet, and under the penalty of a class 1 misdemeanor, depose and say that subject to section 19‑115, Arizona Revised Statutes, each individual printed the individual's own name and address and signed this sheet of the foregoing petition in my presence on the date indicated and I believe that each signer's name and residence address or post office address are correctly stated and that each signer is a qualified elector of the state of Arizona (or in the case of a city, town or county measure, of the city, town or county affected by the measure proposed to be initiated or referred to the people) and that at all times during circulation of this signature sheet a copy of the title and text was attached to the signature sheet.
(Signature of affiant) ____________________
(Residence address, street
and number of affiant, or
if no street address, a
description of residence
location)
_________________________________
Subscribed and sworn to before me on ____________________.
(date)
__________________________________
Notary Public
___________________________, Arizona.
My commission expires on _________________.
(date)
E. The eight point type required by subsection B of this section shall not apply to maps, charts or other graphics.
Sec. 6. Section 19-118, Arizona Revised Statutes, is amended to read:
19-118. Registered circulators; requirements; definition
A. All circulators who are not residents of this state and, for statewide ballot measures only, all paid circulators must register as circulators with the secretary of state before circulating petitions pursuant to this title. The political committee that is circulating the petition shall collect and submit the registrations to the secretary of state. The secretary of state shall establish in the instructions and procedures manual issued pursuant to section 16-452 a procedure for registering circulators and shall publish on a website maintained by the secretary of state all information regarding circulators that is required pursuant to this section. For statewide ballot measures only, the secretary of state shall disqualify all signatures collected by a circulator who fails to register pursuant to this subsection as provided for in section 19-121.01, subsection A.
B. The registration required by subsection A of this section shall include the following provisions:
1. The circulator consents to the jurisdiction of the courts of this state in resolving any disputes concerning the circulation of petitions by that circulator.
2. The circulator shall designate an address in this state at which the circulator will accept service of process related to disputes concerning circulation of that circulator's petitions. Service of process is effected under this section by delivering a copy of the subpoena to that person individually or by leaving a copy of the subpoena at the address designated by the circulator with a person of suitable age.
C. If a registered circulator is properly served with a subpoena to provide evidence in an action regarding circulation of petitions and fails to appear or produce documents as provided for in the subpoena, all signatures collected by that circulator are deemed invalid. The party serving the subpoena may request an order from the court directing the secretary of state to remove any signatures collected by the circulator as provided for in section 19-121.01, subsection A.
D. Any person may challenge the lawful registration of circulators in the superior court of the county in which the circulator is registered. A challenge may not be commenced more than five days after the date on which the petitions for which the circulator is required to be registered are filed with the secretary of state. The person challenging signatures may amend that complaint after the secretary of state has removed signatures and signature sheets as prescribed in section 19‑121.01. An action pursuant to this section shall be advanced on the calendar and decided by the court as soon as possible. Either party may appeal to the supreme court within five calendar days after entry of judgment. The prevailing party in an action to challenge the registration of a circulator under this section is entitled to reasonable attorney fees.
E. The removal or disqualification of any one or more circulators does not invalidate the random sample of signatures made pursuant to section 19‑121.01 and the secretary of state shall not be required to conduct any additional random sampling of signatures.
F. Notwithstanding section 19-141, this section does not apply to filing officers for counties, cities and towns and paid circulators for county, city and town measures are not required to register with the secretary of state or with the filing officer of the county, city or town. Challenges to signatures and circulators of county, city or town measures shall be as otherwise provided by law.
G. For the purposes of this title, "paid circulator":
1. Means a natural person who receives monetary or other compensation that is based on the number of signatures obtained on a petition or on the number of petitions circulated that contain signatures.
2. Does not include a paid employee of any political committee organized pursuant to title 16, chapter 6, unless that employee's primary responsibility is circulating petitions to obtain signatures."
Renumber to conform
Page 7, between lines 25 and 26, insert:
"(h) For statewide ballot measures only, those sheets on which the circulator is required to be registered with the secretary of state pursuant to section 19-118 and the circulator is not properly registered."
Page 9, strike lines 17 through 45
Strike page 10
Page 11, strike lines 1 through 33
Renumber to conform
Page 12, strike lines 15 through 31
Renumber to conform
Amend title to conform
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